II 

Calendar No. 742 

118TH CONGRESS 

2D SESSION S. 5102 

[Report No. 118–322] 

To require annual reports on counter illicit cross-border tunnel operations, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 18, 2024 

Mr. PETERS (for himself, Mr. CORNYN, Ms. SINEMA, and Mr. OSSOFF) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

DECEMBER 19 (legislative day, DECEMBER 16), 2024 

Reported by Mr. PETERS, with an amendment 

[Insert the part printed in italic] 

A BILL 

To require annual reports on counter illicit cross-border 

tunnel operations, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Cross-Border Tunnel 

5 Report Act’’. 


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•S 5102 RS

1 SEC. 2. ANNUAL REPORTS ON COUNTER ILLICIT CROSS2 BORDER TUNNEL OPERATIONS. 

3 Section 7134(a)(2) of the James M. Inhofe National 

4 Defense Authorization Act for Fiscal Year 2023 (Public 

5 Law 117–263; 6 U.S.C. 257 note) is amended by inserting 

6 ‘‘and annually thereafter,’’ after ‘‘development of the stra7 tegic plan,’’. 

8 SEC. 3. ANNUAL REPORT AND PLAN ON SPECIAL INTEREST 

9 ALIENS ENCOUNTERS. 

10 (a) ANNUAL REPORT.—Not later than 60 days after 

11 the date of the enactment of this Act, and annually there12 after for the following 3 years, the Secretary of Homeland 

13 Security shall submit a report to the Committee on Home14 land Security and Governmental Affairs of the Senate and 

15 the Committee on Homeland Security of the House of Rep16 resentatives that identifies, with respect to the applicable 

17 reporting period— 

18 (1) any changes to the definition of ‘‘special in19 terest alien encounter’’ during the reporting period; 

20 (2) what factors would lead to an encounter 

21 being designated as a special interest alien encounter; 

22 (3) the underlying targeting criteria, method23 ology, and rationale for the determination of each of 

24 the factors referred to in paragraph (2); 


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•S 5102 RS

1 (4) the internal Department of Homeland Secu2 rity review process for updating the factors referred to 

3 in paragraph (2); 

4 (5) how the designation of a special interest 

5 alien encounter differs from the definition of an en6 counter with a known or suspected terrorist; 

7 (6) the policies, procedures, and tools the Depart8 ment of Homeland Security has implemented to ad9 dress the underlying threats addressed through special 

10 interest alien encounters; 

11 (7) the number of individuals screened by U.S. 

12 Customs and Border Protection during special inter13 est alien encounters, disaggregated by component; 

14 (8) the number of such individuals for whom no 

15 derogatory information was identified who— 

16 (A) are being detained by the Department 

17 of Homeland Security; 

18 (B) have been transferred to, or are being 

19 monitored by, another Federal agency; 

20 (C) have been released from detention with 

21 reporting requirements by the Department of 

22 Homeland Security; or 

23 (D) were removed from the United States; 

24 (9) the number of individuals screened by U.S. 

25 Customs and Border Protection during special interVerDate Sep 11 2014 00:46 Dec 21, 2024 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\S5102.RS S5102

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1 est alien encounters for whom derogatory information 

2 was identified, disaggregated by the type of deroga3 tory information, who— 

4 (A) are being detained by the Department 

5 of Homeland Security; 

6 (B) have been transferred to, or are being 

7 monitored by, another Federal agency; 

8 (C) have been released from detention with 

9 reporting requirements by the Department of 

10 Homeland Security; 

11 (D) have been released from detention with12 out reporting requirements by the Department of 

13 Homeland Security; or 

14 (E) were removed from the United States. 

15 (b) PLAN.—Not later than 60 days after the date of 

16 the enactment of this Act the Secretary of Homeland Secu17 rity shall submit a plan to the Committee on Homeland 

18 Security and Governmental Affairs of the Senate and the 

19 Committee on Homeland Security of the House of Rep20 resentatives for posting, on a publicly accessible website of 

21 the Department of Homeland Security, information regard22 ing the number of individuals screened by U.S. Customs 

23 and Border Protection during special interest alien encoun24 ters, including how the Department will provide the public 

25 with information regarding— 


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•S 5102 RS

1 (1) the definition of special interest alien en2 counter; 

3 (2) the number of individuals screened by U.S. 

4 Customs and Border Protection during special inter5 est alien encounters, disaggregated by component; and 

6 (3) the number of such individuals for whom de7 rogatory information was identified who— 

8 (A) are being detained by the Department 

9 of Homeland Security; 

10 (B) have been transferred to, or are being 

11 monitored by, another Federal agency; 

12 (C) have been released from detention with 

13 reporting requirements by the Department of 

14 Homeland Security; 

15 (D) have been released from detention with16 out reporting requirements by the Department of 

17 Homeland Security; or 

18 (E) were removed from the United States. 

19 (c) IMPLEMENTATION.—Not later than 60 days after 

20 submitting the plan to Congress pursuant to subsection (b), 

21 the Department of Homeland Security shall implement 

22 such plan. 


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Calendar No. 742 

118TH CONGRESS 

2D SESSION S. 5102 

[Report No. 118–322] 

A BILL 

D

border tunnel operations, and for other purposes. 

To require annual reports on counter illicit crossECEMBER 19 (legislative day, DECEMBER 16), 2024 

Reported with an amendment 


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